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Unauthorized Filing of a 990

CPR-27
Level 1

A client was provided a PDF copy of tax exempt retrurn for review,  The return however was not yet E-filed transmitted through ProSeries by the preprarer.

Can the client file the PDF copy return with IRS through another preprarer without consent?

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7 Comments 7
BobKamman
Level 15

Why not?  But the former client might still owe a fee to the first preparer, who as with any contract can choose how to pursue collection. 

CPR-27
Level 1

Good point.  But how would they be able to transmit the return with the former preparer PIN credentials and signature on it.  Wouldn't that be illegal?

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George4Tacks
Level 15

They could not e-file the pdf. They could mail the pdf, IF the preparer name is printed in the preparer signature area. That printed signature is considered a signature. As Bob stated, there could be a contractual violation, as well as a moral one. 

You, as another preparer could use that pdf to reconstruct the return and do the e-file. You would also be responsible for the content of the return as created by you. 


Answers are easy. Questions are hard!
CPR-27
Level 1

Adds perspective - thanks! Are exempt organizations still allowed to mail returns? I thought that IRS was no longer accepting paper returns from exempt organizations.

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George4Tacks
Level 15

Chrome AI says "In most cases, if you mail your Form 990 instead of e-filing, the IRS will reject it and consider the return not filed. The Taxpayer First Act of 2019 made electronic filing mandatory for most tax-exempt organizations for tax years beginning after July 1, 2019. "

This does not say that they can't mail it. 


Answers are easy. Questions are hard!
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sjrcpa
Level 15

I think they may accept a paper return and send a bill for a penalty for not efiling


The more I know the more I don’t know.
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CPR-27
Level 1

Thanks

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